Erickson Sederstrom Corporate Lawyers for Businesses

Businesses face legal decisions at every stage of their development. From choosing an appropriate business structure to negotiating contracts, raising capital, completing acquisitions, managing ownership changes, and planning for succession, legal matters can have a significant effect on a company’s future. Erickson Sederstrom Corporate Lawyers provide corporate legal services through a practice designed to assist businesses with a wide range of organizational and transactional matters.

Erickson Sederstrom, also known as ES Law, is a Nebraska law firm with an Omaha office. Its corporate practice covers areas including business formation, corporate governance, reorganizations, capital formation, private equity, securities, franchising, mergers and acquisitions, succession planning, and owner or shareholder disputes.

Business Formation and Entity Selection

Starting a business involves important decisions that can influence its future operations. Entrepreneurs may consider corporations, limited liability companies, partnerships, or other structures depending on their circumstances.

Choosing an entity can affect ownership, management, liability, taxation, financing, and administrative requirements. Because there is no single structure that works for every business, owners should evaluate their objectives before making a decision.

Corporate lawyers can help entrepreneurs understand available options and prepare appropriate organizational documents.

Corporate Governance

Once a business has been established, governance becomes an ongoing responsibility.

Companies with multiple owners, directors, or shareholders need clear procedures for making significant decisions. Corporate governance can involve board actions, shareholder approvals, ownership changes, management responsibilities, and corporate records.

Proper documentation can provide clarity about who has authority to make particular decisions.

Good governance can also become especially important when a company seeks financing, enters a major transaction, or experiences an ownership change.

Commercial Contracts

Contracts are central to almost every business.

Companies regularly enter agreements with customers, suppliers, landlords, contractors, technology providers, distributors, and other business partners.

A contract can establish payment obligations, performance requirements, warranties, confidentiality provisions, termination rights, liability limitations, and dispute-resolution procedures.

Having legal counsel review important agreements can help business owners understand their obligations before signing.

Mergers and Acquisitions

Mergers and acquisitions can create significant opportunities for business growth. However, purchasing or selling a company requires careful legal planning.

An acquisition may involve due diligence, corporate records, contracts, assets, liabilities, intellectual property, employees, financing, regulatory considerations, and transaction documents.

Corporate attorneys can assist with reviewing information, negotiating terms, preparing agreements, and coordinating closing requirements.

For a business owner considering an acquisition, professional legal advice can help identify potential issues before the transaction is completed.

Business Reorganizations

Companies sometimes need to change their organizational structure.

A reorganization may occur because of business growth, new investment, ownership changes, strategic planning, or other circumstances.

Corporate lawyers can help determine what legal documents, approvals, and transactions may be required to implement the proposed structure.

A carefully planned reorganization can provide a clearer framework for future business operations.

Capital Formation

Growing businesses frequently need access to capital.

Companies may consider bank financing, private investment, private equity, or other funding arrangements.

Each option can create different legal obligations.

Corporate counsel can assist with the legal documentation associated with financing and help business owners understand the rights and responsibilities involved.

Businesses should also consider securities laws and other applicable requirements when raising capital.

Private Equity Transactions

Private equity investments can provide businesses with capital for expansion, acquisitions, or other strategic objectives.

However, outside investment can also affect ownership and corporate governance.

An investment agreement may address control, voting rights, management, distributions, future financing, and potential exit strategies.

Legal counsel can help businesses evaluate these terms before completing an investment.

Franchising

Businesses that want to expand through franchising can face specialized legal requirements.

Franchise relationships may involve detailed agreements covering fees, territories, branding, intellectual property, operating standards, responsibilities, and termination.

Professional legal guidance can help businesses understand the legal framework surrounding their franchise strategy.

Succession Planning

Business owners should consider what will happen to the company when they retire, become unable to work, or decide to transfer ownership.

Succession planning can address future ownership and management changes.

This can be particularly important for family-owned and closely held companies.

Without proper planning, an unexpected transition can create uncertainty for employees, customers, owners, and family members.

Corporate lawyers can work with business owners and other professional advisors to develop a strategy appropriate to their circumstances.

Shareholder and Owner Disputes

Even successful businesses can experience disagreements among owners.

Disputes may involve voting rights, ownership percentages, distributions, management decisions, responsibilities, or proposed transactions.

The company’s governing documents can be important when determining the rights and obligations of the parties.

Corporate counsel can review applicable agreements and help business owners understand potential options for addressing disagreements.

Depending on the circumstances, possible approaches may include negotiation, mediation, or litigation.

Supporting Businesses Through Change

One of the benefits of having an ongoing relationship with corporate counsel is that lawyers can become familiar with a company’s structure, ownership, contracts, and objectives.

This can make it easier to address major changes when they arise.

A business may start by requiring formation assistance and later need support with financing, contracts, acquisitions, restructuring, or succession planning.

Having an established legal relationship can provide continuity as the company develops.

Why Choose Corporate Legal Counsel?

Businesses should consider several factors when evaluating corporate attorneys.

Relevant considerations include:

• Experience with similar businesses
• Corporate practice areas
• Transaction experience
• Communication
• Responsiveness
• Geographic reach
• Understanding of business objectives
• Availability of related legal services

A company’s legal needs may involve multiple areas of law. ES Law identifies corporate law alongside practices including tax, employment, intellectual property, real estate, construction, litigation, and estate planning.

Omaha Corporate Legal Services

For businesses searching for Erickson Sederstrom Corporate Lawyers, the firm’s Omaha presence can be relevant to companies operating in Nebraska.

Local legal counsel can provide an understanding of the state’s business environment while also assisting with transactions that may extend beyond Nebraska.

ES Law states that it serves clients throughout Nebraska and in other jurisdictions, providing businesses with access to broader legal resources when matters cross state lines.

Preparing for a Consultation

Business owners can make an initial consultation more productive by preparing relevant information.

Depending on the matter, this could include:

• Corporate formation documents
• Ownership information
• Existing contracts
• Financial documents
• Previous agreements
• Transaction details
• Business goals
• Important deadlines

Clearly explaining the desired outcome can also help attorneys understand the scope of the legal issue.

Conclusion

Erickson Sederstrom Corporate Lawyers provide legal support for businesses dealing with a broad range of corporate matters. From formation and governance to capital formation, private equity, franchising, mergers and acquisitions, reorganizations, succession planning, and owner disputes, corporate legal counsel can become an important resource throughout a company’s lifecycle.

Business owners should not wait until a major dispute or transaction occurs before considering legal guidance. Establishing a relationship with experienced corporate counsel can help businesses understand important legal considerations and prepare for future changes.

For companies considering Erickson Sederstrom, reviewing the firm’s current corporate practice information and discussing specific objectives directly with qualified attorneys is an appropriate next step. Legal requirements can vary based on the business structure, transaction, industry, and applicable jurisdiction, so professional advice should be tailored to the individual circumstances of each company.